Joshua@ltl-j.com wrote:
> Can NTT be telling the truth? That seems incredibly high to me. But I
> don't know much about this. Non-existant users shouldn't cost Docomo any
> more than they would cost any ISP right?
In a court case about SPAM in the US, a spammer was ordered to
pay US$ 7 Million (=YEN 840 million) to AOL, i.e. the
compensation was about 120 times higher than in the
DoCoMo case. Therefore, if anything, I think the
DoCoMo compensation is on the low side. I think quite
generally Japanese courts usually decide on lower such
damages than US courts, althought that is slowly changing.
Since DoCoMo has more email subscribers than AOL and DoCoMo
has higher infrastructure costs, my guess would be that
if anything DoCoMo's actual damages are higher than AOL's.
So would a US court have awarded YEN 1000 million in the
same case if it was in the USA, not YEN 6.5 million as the
Japanese court did? Hypothetical question...
Here is the first section of the AOL article:
| AOL wins $7 million award in antispam case
|
| By TODD R. WEISS, DECEMBER 16, 2002
|
| An e-mail spam business that had targeted members of
| Internet service provider America Online Inc. has
| been ordered by a Virginia court to pay AOL almost
| $7 million and stop sending spam to AOL subscribers.
You can find the rest of the AOL news article here:
http://www.computerworld.com/printthis/2002/0,4814,76821,00.html
Gerhard
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Gerhard Fasol, PhD Eurotechnology Japan K. K.
fasol_at_eurotechnology.com http://www.eurotechnology.com/
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Received on Thu Mar 27 06:44:29 2003